State liquor control investigators in February cited a downtown Burlington nightclub on suspicion of violating four liquor license regulations.

The Department of Liquor Control believes Zen Lounge on Church Street served alcohol to a person under 21, failed to properly identify patrons ordering alcohol, served alcohol to an intoxicated patron and failed to ensure the safety of patrons inside the club when a man threatened to shoot staff.

Investigators filed the citations 50 days after a fatal shooting Burlington police believe stemmed from an argument inside the club, and as city councilors consider renewing the club's liquor license.

The Liquor Control Board will take testimony from Zen Lounge and investigators at an April 13 hearing in Montpelier. The board will consider whether to suspend or revoke the club's liquor license. The board could also fine Zen Lounge.

Andrew Manitsky, the club's attorney, said on behalf of club owner Robert Rapatski that Zen Lounge believes the charges lack merit.

"We know that the Liquor Control Board will provide us a full and fair opportunity to contest this," Manitsky said. "We look forward to the hearing."

The date of the alleged violations — Dec. 18 — was 10 days before police say a Burlington man shot dead a New York man on Church Street, near the Zen Lounge. Burlington police believe the shooting began as an argument inside the club.

A notice of hearing written by Department of Liquor Control Director Bill Goggins details the allegations against Zen Lounge.

In addition to charges that club employees served an underage person alcohol and failed to properly identify a patron "of questionable age," the liquor department alleges Zen Lounge employee Ian Fields failed to ensure the safety of a patron.

The complaint states Fields' actions resulted in "serious bodily injury from a fall down the stairs," to the patron.

Liquor investigators also allege later that same evening, Zen Lounge staff failed to protect guests at the club when a patron, Victor Anghelache, told club employees he had a gun and threatened to shoot staff members when the tried to remove him.

Burlington police arrested Anghelache several blocks away from Zen Lounge and discovered a loaded .45 caliber pistol in his waistband.

The hearing in April will be Zen Lounge's second appearance before the liquor control board in as many years. Investigators last spring cited the club for failing to cooperate with Burlington police as they investigated the killing of Kevin DeOliveira.

By law, liquor licenses have an obligation to help police during the course of their official duties. The liquor board found Zen Lounge guilty and fined the club $250. The slaying remains unsolved.

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Zen Lounge owner Robert Rapatski, left, in January told Burlington city councilors he intends to work with police to make his club safer. Seated to Rapatski's left is his attorney, Andrew Manitsky.(Photo: Zach Despart/Free Press)

Promise to reform

Appearing for the City Council's license committee in January, club owner Robert Rapatski pledged to make the club safer for patrons. Rapatski said he installed a new video surveillance system and trained security staff to screen guests for weapons using a metal-detecting wand.

Burlington police responded to 165 Church St., the address of Zen Lounge, 76 times in 2015. Police responses have decreased each month since December, when the shooting occurred. According to service logs the department shared with the Burlington Free Press, Burlington police responded to the address eight times in December, five times in January and three times in February.

According to police records, officers responded to Zen Lounge 15 times last year for calls logged "disturbance," "disorderly conduct," "assault," or "threats/harassment." Police responded to zero calls in those categories through February of this year.

Rapatski said in a statement Wednesday said the club's new general manager "has done a great job" improving security at Zen Lounge.

"We look forward to continuing to provide a fun and safe environment for all of downtown Burlington," Rapatski said.

The council's three-member license committee in January considered holding a formal hearing with Rapatski to discuss possible sanctions against the club. Committee chair Tom Ayres, D-Ward 7, said councilors will wait for the results of the state investigation before proceeding.

“The City Council is deferring further action until the state’s case has plead itself out,” Ayres said.

Municipal liquor licenses for bars across the city — including Zen Lounge — expire by the end of the fiscal year, June 30. Councilors will have to decide whether to renew Zen Lounge’s license by that time.